Asbestos is now the single greatest cause of work-related deaths in the UK. About 5,000 workers a year – including 20 tradesmen every week – are dying because of previous exposure to it.

The effects are showing no signs of slowing. The most recent figures from the Health and Safety Executive predict UK cases of mesothelioma will not start to decline until 2020.

The Recovery of Medical Costs for Asbestos Diseases Bill has been backed by charity Clydeside Action on Asbestos, whose chairwoman Phyllis Craig, said: “It is widely accepted that the number of people being diagnosed with asbestos conditions is increasing, placing an ever greater burden on the NHS and palliative care services.

“The responsibility for meeting these costs rests with the employers who exposed their staff to asbestos.

“It is only just that the employers and their insurers have to meet the costs of care that result from their negligence.”

Supporters of the bill have urged people across Scotland to have their say on the legislation.

The taskforce is leaving decisions largely in the hands of owners, beyond telling them they should not touch anything that has been stored in the subfloor or ceiling space, or in contaminated cupboards. They have also been told that soft furnishings, bedding, linen, soft toys and clothing stored in a contaminated area should be abandoned.

Judge Stephen Gullick criticised it for “very serious and persistent” failures and fined the trust £55,000 and ordered it to pay costs of £34,078.

Chief executive Samantha Jones, who joined the trust in 2013, said: “We have made significant changes in recent years to the way we manage and control asbestos across our hospitals, ensuring the risk of exposure is at the lowest possible level.”

The trust, which runs Watford General, Hemel Hempstead General and St Albans City hospitals, was created in 2000 and introduced an asbestos risk policy in 2007.

But the HSE found prior to 2011, surveys into the presence of asbestos were deficient, the manager responsible was inadequately qualified and training and record keeping were lacking.

The court heard no risk assessments were carried out either before or after [the 2007] policy.

Maintenance staff in particular had been potentially exposed to asbestos, it was said. A total of 47 people involved in this work between 2000 and 2011 had been contacted.

‘Grossly inadequate’

Prosecutor Adam Payter said none had developed an asbestos-related illness, but added there was “a real risk they may contract a disease in the future.”

The Naval Service has begun a fleet-wide survey for asbestos after the potentially lethal substance was discovered in four of its ships.

The Department of Defence also confirmed it is still carrying out work on two ships which have spent months in dry dock since asbestos was found.

Work to clean out asbestos from the LÉ Ciara and LÉ Orla began on May 28. A Department of Defence spokeswoman said that the operation, which is being conducted along Health and Safety Authority guidelines, is ongoing.

She said: “There is as of yet no confirmed date for completion of works. The Naval Service and the specialist contractor are working closely together to complete works safely and quickly.”

The department has not given any cost for the work, but sources in PDForra, which represents enlisted men in the Naval Service, said it was “likely to be very expensive”.

The LÉ Aoife was found to have asbestos in a gasket in an engine. The substance was also detected in LÉ Eithne’s forward pump room. However, they have not been dry-docked like the other two vessels which appear to have far more significant asbestos issues.

The department said the outcome of the fleet-wide screening would determine what course of action would be needed to address any issues which might arise.

In the 1980s, asbestos was widely used in the ship- building industry, especially in engine rooms to insulate pipes and boilers. At the time, it was considered the best and most cost-effective insulating material and was also fire-resistant.

In 2000, the Naval Service had commissioned consultants to examine its ships for the substance and it had reported a clean bill of health. The Service was shocked to discover that a substance which had been ground up on board one of the vessels during routine maintenance turned out to be asbestos.

It becomes dangerous if broken up, as dust can get into people’s lungs and cause serious illness or death. It can take up to 40 years for symptoms to manifest.

The Naval Service has since introduced protocols to identify and deal with any asbestos found on vessels.

A total of 116 Naval Service personnel and civilian workers are understood to have come in contact with asbestos on board the ships or at the Naval Service’s headquarters on Haulbowline Island, Cobh.

“All Naval Service personnel have been medically screened. Medical screening has also been undertaken for civilian employees and is nearing completion with seven civilian staff remaining to be seen,” the spokes-woman added.

For this young family, the large mortgage on their home has left them in financial limbo – and completely at the mercy of whatever settlement package is offered.

“We are looking down the barrel of facing financial ruin, which, when you are a young family just starting out, is pretty bad,” Mr Ziolkowski said.

The couple has few savings and even struggled to meet the costs of repeated asbestos assessments. Now they are now watching every dollar of the ACT government’s assistance package for families displaced by asbestos, knowing there is nothing in reserve for when it runs out.

The Ziolkowskis are also seeking answers on how their home was contaminated with blue asbestos and whether there are potential legal ramifications given the public health risks of blue asbestos were already well documented at the time it was being installed by Mr Fluffy.

ACT WorkSafe Commissioner Mark McCabe said blue asbestos had been discovered in just three homes in the ACT.

Mr and Mrs Ziolkowski are haunted by the idea their children have been exposed to crocidolite.

Their initiation assessment, undertaken by a Class A licensed assessor shortly after the government’s February warning letter to households, came back clear.

But, after the Ziolkowskis joined the Fluffy Owners and Residents’ Action Group and began discussing the issue with other affected families, they realised no samples had been taken and questioned the validity of the result.

A burst water pipe provided the chance for a second assessment – which also came back clear.

Mrs Ziolkowski said: “I was trying to stay positive that the house was going to be OK, but something inside me felt wrong. I actually felt sick all the time and I would get angry when Jonathan was playing on the floor and getting dusty – a part of me was always asking ‘what if?’ It was this constant sense of unease and stress.”

When her asbestos assessor came to check the repaired pipe, Mrs Ziolkowski asked whether any further testing should be undertaken but was reassured that it was unnecessary.

It was only when she checked her wardrobes and found large gaps in the wall cavities earlier this month that she called her assessor back and asked him to take a sample – which came back positive.

She then sought a second opinion from Robson Environmental, which undertook a forensic inspection. Samples from every room except the kitchen showed the presence of blue asbestos fibres.

Mrs Ziolkowski was at a shopping centre when the taskforce called to recommend the family vacate the home immediately.

“I was so completely hysterical a complete stranger came up to me and offered to take my baby and sit with her and feed her while I was on the phone,” she said. “I don’t have a home any more. We don’t have any possessions. We can never go back.”

The couple is concentrating on keeping calm for their children. But Mrs Ziolkowski is undergoing counselling to manage her grief and is having trouble sleeping.

Mr Ziolkowski is trying to focus on his work as a scientist, in order to protect their vital sole income.

Mr Fluffy Owner and Residents’ Action Group founder Brianna Heseltine said the family’s case raised questions for the government about the reliability of asbestos assessments and the need for a clear risk management strategy.

“I think the government needs to accept that residents are entitled to feel increasingly unprepared to play Russian roulette in their homes,” she said. “The absence of evidence is not evidence of absence. One group member reminded me yesterday that it is his family that bears the exposure risk, not the government, and any delays on a decision about what to do with the homes could prove to be a tipping point.”

Legislation lodged at the ­Scottish Parliament could pave the way for health boards to claw back the costs of diagnosing and treating the victims of asbestos-related disease from former employers. Campaigners claim incurable diseases caused by ­exposure to asbestos, such as mesothelioma and pleural plaques, cost the NHS in Scotland about £20 million a year.

Loading article content

Kelman, who has campaigned for compensation for asbestos victims since the 1990s, said: “It’s a step closer to getting industry to take responsibility, and for all those employers who used asbestos knowing what they were exposing the workers to. That would be a big improvement, but I’m sure as we speak the lawyers for insurance companies will be doing everything in their power to avoid it.”

Kelman has previously ­criticised the legal hurdles facing sufferers, saying the “burden of proof is on the victim to prove that you are a victim”.

Thompsons Solicitors, which is acting in about 80% of asbestos cases in Scotland, said it was representing about 1200 people at any one time. A spokesman for the firm said: “There are more cases coming forward than ever before from people who were historically exposed – hospital cleaners, school cleaners and so on.”

The Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill was lodged yesterday by West of Scotland MSP Stuart McMillan. Similar legislation was passed by the Welsh Assembly last November, but has been stymied by legal questions over how to enact it.

The NHS has been able to recover the costs of treating the victims of accidents since 2003, where an individual made a successful claim against a third party. However, this principle does not cover diseases.

Mr McMillan said: “There is a substantial financial cost to the NHS in diagnosing and managing asbestos-related conditions and this is something that needs to be addressed as a matter of urgency.”

However, he added that he expects strong resistance to the move from insurers.

Dave Moxham, deputy leader of the STUC, which is backing the new legislation, said: “The NHS and palliative care services currently have to meet these costs from their own overstretched funds. It is time for the employers and the insurance industry to meet their obligations and reimburse the cost of the medical care, as these costs would not exist if there had not been negligence on the part of the employer.”

Alan Kirk, a surgeon and ­director of the pressure group Clydeside Action, estimated the cost for diagnosing and managing mesothelioma – a tumour on the lung – at £60,000 a patient.

He said: “If these sums can be recovered as part of the civil compensation case, funds are going back into the NHS to help to care for the Scottish population.”

“Start Quote

We are yet to see the contents of this bill and so are not in a position to comment”

End QuoteAssociation of British Insurers

“If these sums can be recovered as part of the civil compensation case, funds are going back into the NHS to help to care for the Scottish population,” he said.

The group is working with Mr McMillan to change the law through his Recovery of Medical Costs for Asbestos Diseases (Scotland) Bill.

The West Scotland MSP said: “The emotional and physical cost of being diagnosed with an asbestos-related condition can be significant and it’s the welfare of the person with the illness that is paramount.

“However, there is a substantial financial cost to the NHS in diagnosing and managing asbestos-related conditions and this is something that needs to be addressed as a matter of urgency.”

Mr McMillan said he expects strong resistance to the move from insurers, but it is supported by the Scottish Trades Union Congress (STUC).

Dave Moxham, deputy leader of the STUC, said: “The insurance industry has managed to avoid meeting their full responsibilities towards those with an asbestos-related disease for decades.

“It is vital that people who are undergoing investigations for suspected asbestos-related disease, or who need ongoing care and support to manage their condition, can access the health services that they need.”

Overstretched funds

He added: “The NHS and palliative care services currently have to meet these costs from their own overstretched funds.

“It is time for the employers and the insurance industry to meet their obligations and reimburse the cost of the medical care as these costs would not exist if there had not been negligence on the part of the employer.”

Health boards in areas with high levels of industry, such as Glasgow, would stand to gain the most if the bill becomes law.

Companies already have to repay the Department of Work and Pensions for any benefits paid as a direct result of asbestos-related illness, after an individual has won a case for civil compensation.

Thompsons Solicitors, who are acting in about 80% of asbestos cases, said the vast majority of claims would be met by insurance companies.

However, some will have to be paid by self-insured or uninsured businesses, local authorities, and health boards.

A spokesman for the Association of British Insurers said: “We are yet to see the contents of this bill and so are not in a position to comment.”

Sep. 23, 2013  University of Leicester researchers are leading two major trials into treatments for a type of cancer which affects those exposed to asbestos.

Professor Dean Fennell, of the University’s Department of Cancer Studies and Molecular Medicine, is leading two groundbreaking trials into mesothelioma — a form of lung cancer strongly linked with exposure to asbestos.

Mesothelioma most commonly starts in the inner lining of the chest wall, causing it to thicken, reducing lung capacity — which in turn puts a strain on other organs including the heart.

Since the 1960s, it has been known that the disease can be triggered by the inhalation of asbestos fibres.

Despite the UK’s ban on asbestos issued in 1985, the number of deaths caused by the disease each year has grown from 153 in 1968 to 2,321 in 2009 — the highest incidence in the world.

This number is set to continue to rise sharply over the next 20 years, with a peak coming in 2020.

Two studies involving the University of Leicester aim to test new potential treatments which could improve survival and quality of life for mesothelioma patients.

Meso2, a study funded by Synta Pharmaceuticals, aims to test the effectiveness of a drug called ganetespib in preventing mesothelioma tumours.

Ganetespib inhibits the action of a protein in cells called heat shock protein 90 (HSP90) — which is required for the stabilization and proper functioning of many proteins required for tumour growth.

The trial will involve around 140 patients across the UK, and is being led by Professor Fennell.

Professor Fennell said: “We think this is a new way of being able to target mesothelioma. Laboratory tests show ganetespib is extremely active in mesothelioma — and combined with chemotherapy, this treatment could shrink cancers down and improve symptoms for patients.”

The second trial is part of a global trial named COMMAND (Control of Mesothelioma with MAiNtenance Defactinib) sponsored by pharmaceutical company Verastem, which will investigate a new drug called defactinib.

The researchers believe the drug could help to inhibit focal adhesion kinase (FAK), which is critical for the cancer stem cells’ development into tumours.

The drug could potentially reduce the need for repeated chemotherapy treatment by killing cancer stem cells remaining following front-line therapy.

The trial will involve around 350-400 mesothelioma patients worldwide — and the University of Leicester is leading the study for the UK, which was the first country to open the trial worldwide.

Professor Fennell, who sits on the steering committee for the trial, said: “Cancer stem cells can cause cancer to return after chemotherapy, and the FAK protein seems to be something that cancer stem cells require. If you inhibit FAK protein, you may be able to target the cancer more effectively.

“We hope that both of these trials will be positive studies for mesothelioma patients.”

Geologist Gareth Thomas told Government planning inspector Brian Cook that analysis of land next to the quarry showed added weight from landfill could pose the potential for a landslip.

He said if the quarry was used for landfill there would be “significant potential for slope instability” on adjacent land.

“If you add material to the top of the slopes you could trigger a landslip,” he said.

He also said changes in the ground water makeup of the quarry – for example if material blocked drainage from rocks at the site – could also trigger instability.

Meanwhile, hydrologist Dr Kay Boreland told the inquiry she had concerns about the risk of contamination of ground water at the site.

She explained that although asbestos fibres are not soluble, they could still be “transported in suspension” and find their way into ground water stores.

She explained that the limestone rock surrounding the quarry was saturated with water and that the dump would be “completely reliant” on an engineered liner to stop any leakage running into ground water.

Ms Boreland explained that it was “generally accepted” that no landfill or any liner could be 100 per cent secure.

“This is not a suitable site for hazardous waste,” she said.

“Typically in this country, asbestos waste is disposed of at sites where ground and ground water conditions make them suitable.

“In my opinion there is too great a risk to put hazardous materials into this site.”

The inquiry earlier heard from the Environment Agency which dropped its objections to the proposal after Mr Edmunds successfully made a change to his application on Tuesday.

He originally wanted to dump “stable non-reactive hazardous waste”, as well as inert waste and asbestos, but has now taken this out of his plans.

Barbara Keenan, from the Environment Agency, only had concerns regarding the “stable non-reactive hazardous waste” – which can include leachable substances and organic content – but not asbestos polluting ground water at the site.

The inquiry will next sit on October 3 and 4 when Mr Cook will hear from expert witnesses supporting the plan put forward by the quarry owner.

Their concerns include the implications of large quantities of asbestos being transported across the area and dumped in the quarry, as well as contamination to the water supply.

The inquiry got off to a slow start yesterday when Mr Edmunds proposed an amendment to his application.

His original application included dumping “stable non-reactive hazardous waste” as well as asbestos and inert waste into the quarry.

His amended proposal was to no longer dump this kind of waste – which includes leachable substances and organic content – but still to dump asbestos and inert waste.

Mr Edmunds’ legal representative, Vincent Fraser, explained that his amended proposal would mean objections from the council and the Environment Agency about the possible danger to the water supply from hazardous waste would no longer be relevant.

A legal representative for the council confirmed it would no longer be opposing the appeal if the amendment was accepted by the inspector.

Paul Stookes, representing Stowey Sutton Action Group, said residents would continue to be against the application, as they still had concerns about asbestos and inert waste being dumped in the quarry.

Mr Cook agreed to allow the amendment to the proposal, but refused to grant Mr Edmunds’ representatives an adjournment, which they wanted so that they could gather further evidence.

However, Mr Cook was told that one of the key witnesses giving evidence for Mr Edmunds was unable to attend the inquiry on Thursday, currently scheduled to be its final day.

Mr Cook said he would go ahead but warned that if the inquiry ran over two days he may not be able to complete it until November.

He said even though hazardous waste had now been taken out of the equation, there were still concerns surrounding the dumping of asbestos in the quarry and what effect this would have on water supply.

He said residents still had concerns regarding the stability of hillsides surrounding the quarry, which belong to a third party, and were worried about noise, dust and light pollution from the site and the “unacceptable and adverse” effect it would have on residents in the area.

Other concerns surrounded public footpaths and ecology.

The inquiry is due to continue today, when both sides will give evidence.